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Avvo Question

Someone on Avvo recently asked: "Need to sell my mom's house for nursing home fees. Do we need to do anything with title to sell?"

Answer from Ohio Estate Planning Attorney Staten Middleton: "It sounds as if you need an attorney familiar with Medicaid planning and eligibility. That person would first want to verify how the house is titled. That is, whether it is owned with someone else, such as your father. Also, the home is exempt for a certain time if not occupied by a community spouse or disabled child. You may find that you have competence issues even if you are required to sell. For instance, your mother may not have the capacity to sign a purchase contract, deed and other closing documents. If she does not have capacity you will have to use a person acting as attorney in fact under a financial power of attorney with provisions allowing the sale you contemplate. If you do not have a power of attorney then you will need to consider a guardianship."

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